may be opened or closed.

CHAPTER 31.

AN ACT to amend Section 78, of an Act entitled: "AN ACT for the government of cities of the fourth class." Approved June 28, 1893. Said Act being Section 3562 of the Kentucky Statutes, 1903, Carroll's Edition.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

$1. That section 78, of an act, entitled “An act for the government of cities of the fourth class," approved June 28, 1893, said section being section 3562, of the Kentucky Statutes, 1903, Carroll's edition, be, and the same is hereby, amended, so that said section, when amended, shall read as follows: "The Board of Council may, by ordinance, cause Public ways any new public way to be opened or old public way to be extended or widened or closed, or may establish any market, and to that end may purchase any necessary land, or may procure the same to be condemned by the same proceedings, now or hereafter, given by law to railroad companies in like cases. Upon the adoption of an ordinance by the Board of Council, authorizing and directing the closing of the whole or any portion of a public way within the limits or jurisdiction of the city, it shall be the duty of the City Attorney to institute an action in the circuit court for the purpose of having the same closed, and to such action all the owners of ground in the squares or lots divided by such public way, shall be made defendants; and if all of such defendants are competent to act for themselves and fail to object to the closing prayed for, then the court shall render a decree accordingly; but if any of said defendants object, or are under disability other than coverture, the court shall empanel a jury, which shall

hear evidence and determine the amount of compen- procedure. Method of sation in the form of damages to be paid to each of such defendants. The jury shall also determine the amount of compensation if any to which said city and the public may be entitled by reason of the closing up of such public way, which shall be paid said city. The court shall thereupon direct that said public way be closed upon payment to each of such defendants the amount of damages awarded to him; or, if any defendant refuses to accept such payment, or be for any reason unable to do so, upon payment into court of the amount awarded such defendant or defendants.

It shall be the duty of the court to give such proceedings precedence of all other cases, so that prompt decisions may be rendered therein. The provisions of this act shall not extend to streets enclosed by fence or otherwise, or the possession of which is held by individual or private corporations. § 2. Inasmuch as there is at present no method Emergency. prescribed by law for the closing of public ways in cities of the fourth class, and it is desirable, in view of public improvements in such cities, that the procedure in such cases be prescribed at once, an emergency is hereby declared to exist, and this act shall take effect from its passage and approval.

Approved March 20, 1903.

CHAPTER 32.

AN ACT for the benefit of the office of Attorney General; to provide for assistants, defining their duties and fixing their compensation and providing for certain records to be kept in the office.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. The Attorney General shall be the chief law officer of the Commonwealth, and all its depart

torney General.

ments. The Attorney General shall appear for the Commonwealth in the trial and argument of all cases, civil and criminal in the Kentucky Court of Appeals whenever the Commonwealth is directly or Duties of At- indirectly interested; he shall also appear in behalf of the Commonwealth in any court or tribunal in or out of this State in any case or proceeding in which the Commonwealth is a party in interest, except where it is made the duty of the Commonwealth's Attorney or County Attorney to represent the Commonwealth. He shall institute all actions and proceedings necessary to cause the payment of all judgments and demands of the Commonwealth, payable at the State Treasury, not discharged in the proper time. He shall, with the assistance of the Auditor of Public Accounts, investigate the condition of all unsatisfied claims, demands, accounts and judgments in favor of the Commonwealth, and shall take all necessary steps, by motion, action or otherwise, to collect or cause to be collected such claims, demands, accounts and judgments, and paid into State Treasury.

Power to appoint assistants.

§ 2. The Attorney General shall, upon the written request of any executive or ministerial officer of this Commonwealth, give such officer his written opinion touching any of the duties of such officer, and when requested by an executive or State officer, prepare proper drafts of all instruments of writing which may be required for public use.

$3. The Attorney General shall have power to appoint for his department, the assistants and employes, hereinafter enumerated, who shall serve for the term for which he is elected unless sooner removed by him. They shall perform such duties, not otherwise provided by law, as may be assigned them by the Attorney General, as legal advisers for the several officers, departments and institutions of the Commonwealth, or in furtherance of the discharge of his duties.

There shall be a First Assistant Attorney General, who, in case of the absence or sickness of the Attorney General, shall perform the duties of the latter, and said First Assistant shall be more than thirty years of age, and shall have been a regular practicing attorney for eight years, and his salary shall be three thousand five hundred dollars per annum, payable monthly, out of the State Treasury.

There shall be a second Assistant Attorney General, who shall have the same qualifications as the First Assistant Attorney General and receive the same salary payable in the same way.

provided.

There shall be a Third Assistant Attorney Gener- Assistants al, who shall be over 26 years of age, and shall have and employes been a regular practicing attorney for five years, and who shall be paid a salary of $2,400 per annum, payable monthly out of the State Treasury.

There shall be a chief Law Clerk, who shall be more than twenty-four years of age, and shall have been a regular practicing attorney for more than three years, who shall receive a salary of one thousand five hundred dollars per annum, payable monthly out of the State Treasury.

executed.

Said First Assistant Attorney General, Second Bonds to be and Third Assistants and Chief Law Clerk, shall, before entering upon their respective duties, give a bond to the Commonwealth of Kentucky, to be approved by the Attorney General, conditioned upon their faithful discharge of their respective duties, and said bonds shall be filed with and kept by the Secretary of State.

There shall be one stenographer and typewriter Stenographer. who shall receive one thousand two hundred dollars per annum, and one stenographer and typewriter who shall receive eight hundred dollars per annum, each payable monthly out of the State Treasury.

be allowed and

§ 4. The Attorney General, First Assistant At- Expenses to torney General and the Second and Third Assistants paid. shall be paid their actual and necessary expenses

No other counsel to be employed, ex

when called away from the State Capitol on business of the Commonwealth; but before a warrant shall be issued by the Auditor of Public Accounts therefor, there shall be filed in his office an itemized statement signed and verified by said Assistants, and approved by the Attorney General, when it is the account of either assistant, and when it is the account of the Attorney General it shall be verified by him and approved by the Governor, showing the amount of expenses said attorney General or Assistants are entitled to receive.

$ 5. The Attorney General and bis Assistants shall attend to all litigation and business in or out of the State, required of him or them under this act, or other existing law or laws hereinafter enacted, and also any litigation or business that any State officer may have in connection with or growing out of his official duty; and no State officer, board of trustees or the head of any department or institution of the State shall have authority to employ or to be represented by any other counsel or attorney cept in 'emer- at law, unless an emergency arises which, in the opinion of the Attorney General requires the employment of other counsel, in order to properly protect the interest of the Commonwealth, in which event the Attorney General shall, in writing, setting fforth the reasons for such employment, request the Governor to employ such additional counsel. Before such employment, said written requests shall be filed in the office of the Secretary of State, and shall be a public record, and a copy thereof shall be retained and kept on file in the office of the Attorney General.

gency.

Fees to be

fixed.

Before such counsel is employed, his fee and compensation shall be agreed upon and fixed by written contract by the Governor and said counsel, subject to the approval by the Attorney General, and copies thereof shall be kept on file in the office of the Attorney General and the Secretary of State.